Yoga With Sheena: Retreat Terms & Conditions
Thank you for signing up to my Retreat - please read the following important terms and conditions, which shall form a contract between you and I, upon you booking a place on a Retreat (as defined below).
This contract sets out:
• your legal rights and responsibilities;
• my legal rights and responsibilities; and
• certain key information required by law.
The contract below sets out the legal terms that will govern my relationship with you and apply to the services. The intention of this contract is to bring clarity to our relationship, protect both parties and take care of the business side of things so thatyou and I can focus on enjoying the retreat.
In this contract:
• ‘I’, ‘me’ or ‘my’ means Sheena Shah trading as ‘Yoga With Sheena’.
• ‘You’ or ‘your’ means the person booking a place on a Yoga With Sheena retreat (‘the Retreat’).
If you would like to speak to me about any aspect of this contract, please get in contact by:
• e-mail: info@yogawithsheena.com.
• ‘Force Majeure Event’ means any circumstance not within my reasonable control including, without limitation:
(a) Acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition;
(f) collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts;
(h) non-performance by suppliers or subcontractors; and
(i) interruption or failure of utility service.
BACKGROUND
I run yoga and wellness Retreats and terms and conditions will apply in respect of my services and the Retreats.
1) Introduction
1.1 If you book a place on my Retreat you agree to be legally bound by this contract.
1.2 You also agree to be legally bound by my website terms of use and privacy policy.
2) Information I give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in the webpage or retreat brochure.
I shall give you information on:
- the main characteristics of the Retreat
- the total price of the Retreat
- the arrangements for payment
- the refund and cancellations policy
3) The Retreat
3.1 You have protection under consumer rights legislation, including that I must use reasonable care and skill when providing the Retreat.
3.2 The Retreat will correspond in all material ways with its description in the webpage or brochure.
3.3 I shall use third parties in connection with the Retreat, for example, the accommodation, meals and some guest talks and activities may be provided by carefully chosen third parties. You acknowledge that I ordinarily contract with these third parties on their normal terms of business which may not be entirely consistent with this agreement. If any delay or failure by a third party properly to provide subcontracted services causes a delay or failure in my performance of this agreement, it is agreed that:
3.3.1 I shall use all reasonable endeavours to apply for your benefit all rights or
remedies available from the relevant third party; and
3.3.2 except to the extent the delay or failure is caused by a failure to use my best care and skill in the management or selection of a third party, I shall not be in breach of this agreement and shall have no liability to you arising out of any such delay or failure.
3.4 My ability to provide the Retreats might be affected by events beyond my reasonable control. If so, there might be a delay before I can go back to business as usual. I shall make all reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include internet failure or other IT problems, issues at third party venues or if key staff are ill.
4) Your responsibilities
4.1 You will pay the price for the Retreat in accordance with the Retreat description in the brochure or webpage.
4.2 You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably request to make the Retreat relevant and useful for you.
4.3 Attendance at the Retreat is not therapy or counselling. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and following through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great things to happen at the Retreat, I cannot guarantee any specific outcomes or that all attendees will achieve the same results.
4.4 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of attending the Retreat and that this person is aware of and supports your decision to attend.
4.5 At the Retreat you will be offered variations of yoga positions for you to choose according to your level of fitness and physical capability. It is entirely your responsibility to listen to your body and make sure your practice remains within your physical capability. Yoga is not competitive and listening to your body and the extent to which it is available for the various poses is essential. I am not able to accept any responsibility for any damage or injury you may suffer as a result of your pushing your body beyond its limits.
5) Fees and payment
5.1 The price for the Retreat is set on in the brochure or webpage sent to you.
5.2 Payment is via direct bank transfer or any other method described in the brochure or webpage for the Retreat or as agreed between us.
5.3 Subject, to this contract, a non-refundable deposit of £800 per room is payable when you book the Retreat. The final payment is due on the date stated on the webpage.
5.4 If any payments are not paid by the due date, you may lose your place on the retreat.
6) Refund and cancellation policy
6.1 In a Force Majeure Event, you shall be entitled to attend another Retreat within the next 12 months of a Force Majeure Event. If you are unable to attend another Retreat you may, at my reasonable discretion, be entitled to a refund for any room payments you have made in advance (excluding flights and any other losses actually or potentially incurred).
6.2. In the event that you decide to cancel your place, the following will apply:
6.2.1 For UK Retreats:
If you cancel your space more than 6 weeks prior to the Retreat, you will be refunded 100% of your remaining room fee (excluding the non-refundable £300 deposit).
If you cancel your space between 3-6 weeks prior to Retreat you will be refunded 50% of your remaining room fee (excluding the non refundable £300 deposit).
Please note that if you cancel your space less than 3 weeks before the Retreat, no refund will be provided.
If you are able to find another person to fill your spot up to 3 weeks prior to the Retreat you can transfer your place to them for free.
If I find someone to fill your spot up to 3 weeks before the Retreat, I will refund you your room payment excluding the £300 deposit.
Please note that I reserve the right to accept or decline alternative attendees. If you find another person to fill your spot less than 3 weeks before the Retreat, a £50 admin fee will be charged.
6.2.2 For international Retreats:
If you cancel your space more than 5 months prior to the Retreat, you will be refunded 100 % of your remaining room fee (excluding the non-refundable £800 deposit).
If you cancel your space 3-5 months prior to Retreat you will be refunded 75% of your remaining room fee (excluding the non-refundable £800 deposit).
Please note that if you cancel your space less than 3 months prior to the Retreat, no refund will be provided.
If you cancel your booking before making any part of the final payment that is due and payable, you shall remain liable to pay the difference due in accordance with this contract.
If you are able to find another person to fill your spot up to 1 month prior to the Retreat, you can transfer your space for free.
Please note that I reserve the right to accept or decline alternative attendees.
As I am a small business and I have to uphold my commitments to my own suppliers, unfortunately I am not able to make any exceptions to this refund and cancellation policy, not even for personal emergencies.
For this reason, I strongly suggest you take out travel insurance to protect yourself against illness, emergencies and/or changes in any circumstances.
6.3 There is no refund for leaving the Retreat early or arriving after the scheduled start time. There is no partial reimbursement if you choose to opt out of any part of the programme.
7) Intellectual property
If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless I agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
8) Photograph release
I may photograph and video group activities for use in future marketing materials and by entering into this contract with me you hereby give to me your consent to use your image for this purpose.
9) How I may use your personal information
9.1 I shall use the personal information you give to me to:
9.1.1 provide the Retreat and keep you informed about it;
9.1.2 process your payment for the Retreat; and
9.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
9.2 All information shared by you will be kept strictly confidential, except when releasing such information is required by law.
9.3 I shall not give your personal information to any third party unless you agree to it.
10) Resolving problems
10.1 In the unlikely event that there is a problem with the Retreat, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11) End of the contract
11.1 Subject to 11.2 this contract will terminate at the end of the Retreat.
11.2 Either you or I may terminate the contract immediately if:
11.2.1 the other party commits any material breach of the terms of this contract and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
11.2.2 the other party commits or threatens to commit or is threatened with any act of
insolvency under the Insolvency Act 1986.
11.3 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract.
12) Limit on my responsibility to you
12.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
12.1.1 losses that:
(a) were not foreseeable to you and me when the contract was formed; and
(b) that were not caused by any breach of these terms on my part
12.1.2 business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
12.2 My total liability to you is limited to the amount of fees paid by you for the Retreat.
13) Disputes
13.1 I shall try to resolve any disputes with you quickly and efficiently.
13.2 If you and I cannot resolve a dispute using my internal complaint handling
procedure and either of us want to take court proceedings, the relevant courts of
England and Wales will have exclusive jurisdiction in relation to this contract.
13.3 The laws of England and Wales will apply to this contract.
14) Third party rights
No one other than a party to this contract has any right to enforce any of its terms.
15) Force Majeure
15.1 Provided I have complied with clause 15.2, if I am prevented in any way from performing any of my obligations under this agreement by a Force Majeure Event I shall not be in breach of this agreement or otherwise liable for any such failure or delay in theperformance of such obligations.
15.2 I shall:
15.2.1 as soon as reasonably practicable after the start of the Force Majeure Event notify you of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under this agreement; and
15.2.2 use all reasonable endeavours to mitigate the effect of the Force Majeure Event.
15.3 If the Force Majeure Event prevents, hinders or delays my performance of my obligations, I may terminate this agreement by giving you reasonable notice.